HomeMy WebLinkAboutMin - CC - 1973.09.17CALL IO ORDER
A regular meeting
on the above date
Execut,ive Sessionpictures taken by
Burlingame, California
September L'7, L973
of the Burlingame City Council was called to order
at 8:25 p.m., by Mayor R.D. Martin, following an
and a slight delay while the Council sat for
a press photographer.
Ams trup-Cro sby-Cu s ick-Mang ini -Mart in
PLEDGE OF ALLEGIANCE
The City Clerk led the Pledge of Allegiance to the E1ag.
ROLL CALL
Present:
Absent :
Councilmen:
Councilmen:None
MINUTES
The minutes of the meeting of September 4, L973, previously submitted
to members, were approved and adopted.
COUNCILMAN CUSICK HONOR
HEARINGS
REVIEW OF TENTATIVE PARCEL MAP APPROVED BY PLANNING COMMISSION
RESUBDIVISION LOT 8, VIEWLAND ESTATES, AND PORTION KILBOURNE ACREAGE'
VACATION PUBLIC UTILITIES EASEMBNT, VIEWLAND ESTATES,
rLoRrN RHOADS, PETTTTONER.
Mayor Martin read from a letter dated September 15, L973, from the
ciils' Club of The Mid-Peninsula, signed by Kathryn Webb, President,
extending an invitation to the City Council to attend an awards
luncheon on Friday Sept,ember 28 at 11:30 d'.IIl., Rickey's Hyatt House,
palo AIto, co-sponsorea Uy the Girls' Ctrub and Pacific Telephone
Company to honor the following women for contribution to the success
and-weL1-being of communities on the Mid-Peninsula
Councilman Dorothy Cusick, Mrs. Walter Chick, Mrs. Henry-Richanbach,
Mrs. William g. (Cttailotte) Johnson, Mrs. Clarence Rusch and
Mrs. Ward Hart.
Mayor Martin announced that this was the time and place scheduled by
the City Council to conduct public hearings on two matters associated
with property owned by Mr. Florin Rhoads, 1530 La Mesa Drive, one, a
tentalivl paicet map 6f a proposed resubdivision approved by !h"planning Clmmission and tfri otfrer, a request to vatate a portion of a
public utilities easement.
The City Planner, at the Mayorts request, gave.background information'
exptai-ning that ih" pl"nning Commission recognized there were no '-
ptlbl.*" toitf, respect to the easement, because the proposed.substitute
easement is an imlrovement to allow development.of the remaining
unimproved parcel! in Viewlands Estate subdivision. For this reason,
the bommj,ssion recommended vacation of the easement. The City Planner
noted that the council's act,ion on the easement will have no bearing
on the land that is the suUject of the tentative parcel map' Lands
of Kilbourne are outside th6 boundaries of Viewlands Estate and some
time ago Parcel B was created by metes and boun&s descriptionr.
convey6d to Mr. Rhoads and assigned a parcel number by the.county
assessor, but there is nothing 6f record on the lot split in the city
hall because the map required to be filed t/rhere there is less t
five lot subdivision was not prepared. The city Planner stated
that Parcel B is legal from the ltandpoint of land area, having
approximately 15r600 square feet; however, to provide ingress a
"gi"s", it i-s necessari to transfer a sma1l sliver of land from
L5t g in Viewlands estate to Parcel B to give frontage on the co
mon driveway that extends to La Mesa Drive. The city Planner-xlfainea tiat, for the city's purPoses, the Parcel map will havt
thL effect of documenting tlre rlsuLdivision of Kilbourne's acreaqe
and the transfer of the imal l- area from Lot I to Parcel B for
ingress and egress.
Mayor Martin conunented that the landlocked parcel was created by
the property owner of his own voLition, not by-any action of the
;iiy: iir" city Planner concurred. Mayor ruartin noted further that
the owner is now a"xi"l ine cj'tv for r61ief from a situation for
which he is totallY resPonsible.
reported that the citY
B until the Parcel maP
The City Engineer
permit for Parcel
approved .
cannot issue a building
has been resolved and
Mayor Martin Iikened the situation to that
*ili. f"if"re to observe the rules created
piop.rty and the city council rejected the
Mr. Rhoads was recognized by the Chair' He exPressed surprise and
perplexity at the uuv"i;" r'eaction' He statetl he was aware-of the
reouiremenr ro, =t."'.I'";";;:-;;a--ieti tnis vrould not be difficult
;::;i";-;;;""i-s-i"-."r,iist'o"= to Lot 8' which he also owns'
and that it $rould "i*piv-i"-i matter of an exchange of land-between
hi.s two lots. u.. "ii5ii"-"tit"a that Parcel B is a stabre lot'
i73 ;;-.;-;cie, ana ,iir-aov"tai1 into the circulation svstem
created bY the conmon drivewaY'
Mayor Martin recaLled there was lengthy discussion at the time
viewlands Estates *"! i"-ltt" pfanning -stage as to number of lots
that would operate off the cui-de-sac; "oi' ott" mo19 is proposed to
be added. trre uayor !"pfii""a to.Mr.' Rhoads that it does not
"..Ei"iiirv folloiv ttrit'ttre city is bound to grant.street access
because a map has n"""-fiiea to record.the lot split' He stated
he was present at tnl"pian"inq - c""ltni=s ion hearing and felt that
the Cornmission may not have been aware of aII of the facts because
there was no aiscussion- on-tfre issue,of precedent'-nor that- the
owner $ras confronted with a Problem for. which he alone was respon-
sible. He stated ti.i-tit.-"ity has no-legal obligation to grant
access under the "it""."[i""t"' He informed Mr' Rhoads that he
,ri"-.o"..t"ea primaiiiv-*iti' the welfare of the city' that
personalities were ""I':.""of".d and thai he believed approval would
create an unfortun.t" -pi""uaant because of other Properties that
are large enough to be divided but access is the deterrent' He
mention6a his 6wn proPerty as an example '
Mr. Rhoads rePorted that of the eight lots in the subdivision
six will use the .orlJ"j"." for inlress and egress; the resubdivided
parcel .uxl ".""". i- "*fr^:'n"tl that La Mesa Drive is a
dead end street ,itt "^pie right oi,way and very little traffic'
The addition or or,""*li5-;t';ii;;9-=t'ooia not have anv great impact
on either traffic or Parking'
Councilmen crosbY and Amstrup asked if the cu1-de-sac will offer
satisfactory ."."""--to- iire a"ptttment equipment' -Chief Moorby
replied in the affirmitive' cLuncitm^t' iinl=trop referred specifi-
cal_ly to Lot 4 and lii"-ii." chief explained there should be no prob-
1ems.
councilman cusick asked if Lot I will remain a legal lot-despite
the transfer ot fanl'-Io parcef a. The City Engineer confirmed
tiiit -i"ti, r.,ot 8 and parcel A wlII meet land area requirements ' J'
at 1510 NelrJlands Avenue
an ilJ.egal use of
owner's aPPeal for relief '
-,--Z
Comments were invited from the floor. l4r. and Mrs. Thomas Leutzinger,
L522 La Mesa Drive, Edward R. Johnson, 1536 La Mesa Drive,
Gordon Strocher, 1508 La Mesa Drive, and two other parties who
st,ated they were negotiating to purchase Lots I and 2 Ln Viewlands
Estat,es, supported Mr. Rhoads. Mr. Johnson, one of the principals
in the planning and development of the subdivision, spoke of
special attention that was given to providing ample offstreet parking
and creating spacious lots ranging in area from 13,000 to 20,000
square feet. He emphasized that the addition of one lot on the cul-
de-sac will not, be harmful to any of the other properties.
Councilman Amstrup referred to the proposed common boundary line
between Parcels A and B and asked why the line was drawn as shown
and not, straight across. Mr. Rhoads explained that a straight line
would have reduced total area below 20,000 feet in Parcel A, which
would preclude future resubdivision except by variance.
Planning Commissioner Thomas W. Sine, responding to the Chair,
agreed that issues explored by the Council at this meeting were not
discussed by the Planning Commission at its hearing.
Councilman Mangini stated he would prefer to have additional input
from the Planning Commission in fairness to all parties.
His motion to refer the tentative map to the Commission for urther
review and report to the Council was seconded by Councilman Crosby
and unanimously carried.
RESOLUTION NO. 69-73 "Ordering The Vacation And Abandonment Of
ies Easement Across Lots L,2,3r4 And B,
Viewland Estates, Burlingame, California" was introduced by.
Councilman Amstrup, who moved its adoption, second by Councilman
Cusick and unanimously carried on roII call.
RESOLUTION NO. 70-73 "Accepting Deed Of Dedication Of Sanitary
Sewer Easementits adoption,
on ro11 ca1l.
was troduced by Councilman Amstrup, who rnoved I
second by Councilman Cusick and unanimously carr ied
Mayor Martin declared the hearings concluded
Following a recess, he reconvened the meeting
COMMUNICATIONS
I SPECIAL PERMIT APPROVED FOR BUILDING IN MILLSDALE INDUSTRIAL
AREA EXCEEDING 30 I LOT COVERAGE
1
Ln
at
at
9 220
9:40
P.m.
p .m.
Under date of September 11, L973, David P. Gideon, Attorney, sub-
mitted an applicition for special permit to construct a building
19,315 square feet in area wfricfr eiceeds by 2.-4!\-the 30t land
coverage allowed under ordinances Nos. 984 and 994. The applica-
tion wis filed by Mr. Gideon in behalf of William 'f. Lowenberg,
owner of the 1ani. In his communication to the City Council dated
september II, Mr. Gideon advised that Mr. Lowenberg will sell the
pr-operty to SmithKline Corporation of Philadelphia, P&.1 for
construltion of a processing laboratory for Biskind Laboratory,
Inc. , a wholty own-ed subsidiary of SmithKline. In addition to
Mr. dideon's ietter and the application form, there were filed a
statement from L.E.Loveless, ph.O., General Manager, Biskind
Laboratory, Inc., Special Power of Attorney (Low6nbet;-t;-Gideon) , :isite deveiopment'an& roof plan, floor plan and west elevation, i i
and Environmental Assessment and Evaulatj-on by City Planner'
Mayor Martin stated that, ordinarily, such applications are
received by the Council and schedulld for heliing at the following
meeting. fn response to his inquiryr.the Council indicated no
objectlon to -onliaering the application at this time
Mr. Gideon, M1.. James Langham of Associated Construction and '''
Dr. Loveless were present.
The City Planner reported that the application has been
documented. He read his evaluation from the Environmen
ment, as follows: "Proposed project is compatible with
and structures in the immediate and surrounding light i
ve
ta1
th
ndu
ry well
Assess-
e uses
s tr iaI
area, " and advised that Negative Declaration *17-P was prepared
and filed on September 12, 1973. He stated, too, that provision
has been made for adequate parking for present and future needs.
In response to Mayor Martin, Mr
be one story in height.
Gideon advised the building will
Councilman Crosby inquired about landscaping.
showed landscaping at the front setback of the
one area on the perimeter of the parking lot.
The site
bu i Id ing
pI an
and at
Councilman Cusickthe southwesterly
caping here. Mr.Marriott In Flite
Iandscaped; there
referred to a triangular shaped open space at
corner of the property and asked about lands-
Langham explained this is a fenced area behind
Services kitchen that was not anticipated to be
would be no great advantage, but it could be.
Councilman Cusick asked about improving the appearance of theparking lot by added planted areas. Mr. Langham thought this
might be possible in the triangte area in the center. Dr. Loveless
had some reservations because he felt that landscaping in the
middle of a parking lot could create problems. Mr. Gideon sug-
gested approval of the use permit subject to the condition of
additional landscaping.
A motion was introduced by Councilman Mangini to approve the
special permit for construction of processing laboratory building
exceeding 30t lot coverage for Biskind Laboratory, Inc., on
Adrian Court, in accordance trith Associated Construction &
Engineering Company drawings #A-1 and #A-2, Job 8614, dated
September t2, 1973, landscaping plan to be subject to the approval
of the Park Director, including plantings at the interior triangle
section of the parking area. The motion was seconded by Council-
man Crosby and unanimously carried on ro11 cal1.
2. DE LEUW, CATHER PARKING RECOMMENDATIONS FOR BROADWAY
In a letter dated september 1' 1973, John R. Yohanan, President,
Broadway/Burlingame Area Merchants Association, urged consideration
to early implementation of five recommendations offered by the
parking consultants in their Broadway Avenue Area Parking Study.
Mayor Martin recalled that when this was discussed at the study
meeting there appeared to be a majority opinion of the Council
that the parking situation in the Burlingame Avenue area be resolved
before proceeding to Broadway, which was the original agreement with
the Broadway people. The City Manager was directed to inform
Mr. Yohanan accorclingly.
3. CITILDRENIS ART POST CARDS
A communication dated September 12, L973, was received from
Clarence E. Rusch, chairman, Beautification Commi.ssion, reportj.ng
there have been numerous requests from local residents and business-
men to investigate the possibility of having post cards made from
photographs of the children's art works displayed throughout the
city. The communication recited costs involved, suggested that a
profit sharing arrangement might be possible with responsible
organizations that would benefit the children through sales and
distribution, and requested the council's consideration to Pro-vidingthenecessary-fundstoirnp1ementtheproject.
Mayor Martin reported he was present at a meeting of the Beautifi-
cation Commissj-on when the subject was discussed.
Dale Perkins, co-ordinator for the art program r"ras present. He
reported that the P.T.A. is enthusiastic about the project and
would be willing to sell the cards, revenue to be returned either
to the City or the P.T.A.
Mayor Martin asked if the City can legally grant funds for the
purpose. The City Attorney explained that the grant cannot be
made in the form of a gift, but the Council can spend money on the
project if it finds this is advertising for the benefit of the City.
The Mayor's suggestion that the funds might be allocated to the
Chamber of Commerce to be disbursed initiated a period of discus-
sion. william Hauser, Executive Vice President Chamber of ComJnerce,
agreed the cards would be helpfuJ. in promotional activities but he
questioned whether the Chamber can legally engage in a sales
venture. Ee thought that the Chamber could receive and allocate
the funds with an accounting to the City Council.
Councilman Crosby asked that photographs be included of theHalI and other prominent buildings in the city, in additionart r,rork, if the progr€rm can be accomplished.
Cityto the
Councilman Amstrup expressed wholehearted support of the Project.
With Council concurrence, Mayor l,lartin requested Mr. Hauser and
Mr. Perkins to attempt to expJ"ore all of the details, including
assistance that can be expected from the Chamber of Corunerce and
the P.T.A., and report to the Council-.
4. IMPROVEMENTS FIRE STATION NO. 3 ACCEPTED
Under date of September 13, 1973, the Director of Public Works
advised that Thornton construction company has satisfactorily
completed its contract v,ri th the City for additions to Fire Station
No. 3. He recolunended formal" acceptance of the project. In an
addendum to the communication, the City Manager concurred in the
recommendation .
RESOLUTIoN NO. 7I-73 "Accepting Additions To Fire Station No. 3"
r"ras introduced by Counc ilman Crosby, who moved its adoPtion, second
by Councilman Mangini and unanimously carried on roll cal-I .
5. PURCHASE ORDER APPROVED FOR BUSES
In a co[ununication dated September 13, 1973, the City Manager
requested the Council to authorize issuance of a purchase order
to Minibus, Inc., for four (4) buses in accordance with their
proposal of September 7, 1973. The City Manager reported he will
lrringe payment procedure from Metropolitan TransPortation funds
allocated to the City,
For the benefit of the audience, Mayor l4artin explained that the
equipment wj-II be used in the public transit system proposed for
aurlingame. The City has received an initial grant of $163,000'00
from M.?.C., cost of the buses approximately $137,000.00.
Mayor Martin stated he has given considlerable thought to acquisi-
ti6n of a fourth bus since Lhe subject was discussed at the study
meeting and is not convinced that it is needed. Because funds
are aviilable, and the additional equipment may be a bargain, does
not justify the expenditure in his opinion. Furthermore, experience
may lrove lhat one- of the designated routes may not be financiaQ
suLcessful. In this event, the bus can be routed elsewhere. He
recalled that a private bus service provided by Anza Pacific
corporation in the area east of the freeway was discontinued due to
lack of patronage, He declared his intention of voting against
issuance of the purchase order if the fourth bus is included.
CounciLman Mangini asked about allowance for "down ti.me" with athree-bus system. The City Planner explained that three buseswill a11ow for two routes, the third vehicle provides for "downtime. "
In response to Councilman Amstrup, the City Planner stated thatthe additional equipment can be used in the area between Hillside
and Trousdale Dri.ves. It would be difficul-t to service this area
and.maintain satisfactory service on the other two routes with
three buses. Furthermore, the additional bus would offer greaterflexibi.lity in service, perhaps even to the extent of charter useto the Recreation Department, senl.or citizens, or other groups.
Councilman Amstrup stated that a local bus system should attemptto serve the entire city, including the hills area, and a route
covering both Trousdale and Hlllside Drives certainly should beconsidered. He pointed out that one of the most active groups
supporting return of local buses is centered about Hillside Drive.
councilman Crosby felt that there could be a route to coverHillside. Skyline Boulevard and Trousdale with the additional bus.
Councilman Mangini commented that the City may not be allolred to
operate on EI Camino Real , because of existing Greyhound service.
Councilman Cusick stated she had no objection to acquiring thefourth bus but considered the public address system superf-uousin minibuses, and the expenditure undarranted.
Councilman Mangini's notion to authorize Purchase of four (4) buses
as delineated by the city Planner, including all equiPment, Idas
seconded by CounciJ.man Amstrup. The motion was declared carried
on the following roll call:
AYES: COUNCILMEN: Ams trup-Crosby-Mang ini
NOES: COUNCILMEN: Cusick-lttartin
CITY PLANNER TO ATTEND TRANSIT CONFERENCE
The City Plannerrs attendance at the Fourth Annual International
Conference on Demand-Responsive Transportation Systems, october 3-5in Rochester, New York, was authorized by the Council.
ORDI NANCES
oRDINANCE No. 996 "An ordinance Amending chapter 4.08 (Uniform
Local sales And Use Tax) of The Mun icipal Code, Imposing A Sales
And Use Tax To Be Administered By The state Board Of EquaLization
And Providing Penalties For violationsn was introduced for first
reading by Councilnan Amstrup.
PROCLAMATION Mayor Martin proclaimed September 24-30, 1973, TRAFFIC
SATETY WEEK.
UNFINISHED BUSINESS
WITHDRAWAL FROM SAN MATEO COUNTY tsARBOR DISTRICT: Acknowledgment
was made of a conrmun:fcaTion from Local Agency Format ion Conunission
(LAFco) dated september ?, L973, concerning its action in approving
detachment of certain territories from the san Mateo county HarborDistrict.
The City Attorney reported he lras present at the meeting vrhere the
action rras taken, that he is reasonably certain that the HarborDistrict wiII ini.tiate litigation to prevent the detachments on the
grounds of procedural errors committed by LAFCO. He stated he
intends to observe the situation closely, bearing in mind that the
Cityrs application must be filed and heard prior to March, 1974.
TROUSDALE DRM TRAFFIC: Councilman Amstru p reported that, as aresult of the discussfon at the last City Council study meeting, he
met with a group of Trousdale Drive residents to hear their recom-
mendations for improvements in traffic conditions and received a
series of proposals from Mr. Robert Gillespie, spokesman for thegroup. councilman Amstrup asked that legisJ.ation be prepared for
consideration at the next Council meeting incorporating thecitizens' proposals, as follows:
INSTAIL sToP SIGNS (in ailtlition to those existing) :
Eastbound Hunt, Toledo, Quesada, Sequoia, Marco PoIo, Magnolia
WEEEEoffi?f Magnolia, ogden, Sequoia, Ashton, Loyola, Hunt
Move existing light at South Ashton to Castenada & Martinez and
operate on a 24-hour basis.
Maintain 35 miles per hour speed limit - use radar.
Reduce speed limit in front of school when,dn session.
Stricter enforcement of laws .
Remove lane refLectors.
Mayor Martin suggested perhaps there should be Council discussion
before legislation is prepared.
Councilman Crosby stated he j.nformed Mr. Gillespie in a conversa-tion earlier in the day that he would prefer to try the traffic
expertst recommend,ations, though he did not agree with them entirely. <
Councilman Crosby expressed the opinion that a stop sign at every
corner will not cure the problem.
Councilman Mangini suggested that, rrhatever the solution, it will
probably be some form of compromise between the consultants'
and the citizens' proposals. His recommendation that the paper
presented by Mr. Gillespie be delivered to the city clerk for
copying and transmittal to the CounciL in the next agenda packet
was accepted.
Councilman Cusick recatled that when the survey was made at Mitten
and o1d Bayshore it was determined that the $rarrants for signals
rrere met. She pointed out that at Trousdale and Sequoia there
were 9687 car movements, 465 more than at Old Bayshore, but Trousdalefailed to qualify for signals. At her request' the matter was
referred to the Chief of Police for clarification.
NEW BUSINESS
CLEANING SIDEWALKS, BURLINGAIT{E AVENUE; In a communication dated
September 5, L973, H. Kent Atrdater, Realtor, reported that the new
sidewalks on the Avenue are becoming badlly stained. He requestedthe council's consideration to periodic cleaning by sandblasting.
Mayor Martin commented that a sealer coat would protect against
s taining .
The Director of Public works, reporting he discussed the matter with
Mr. Atwater, stated that, under no circunstances, would he recom-
mend sandblasting because it could harm the aggregate surface if
not done properly. He suggested steam cleaning, perhaps three times
a year, and also commented that sealer tends to make the aggregate
sJ.ippery when vret. 7,
councilman Amstrup stated he vras informed by Mr. Archie Offield that
a local organization has unexpended funds it wouLd like to use in
some civic project, steam cleaning sidewalks or furnishing music for
Burlingame Avenue have been suggested.
Mr. Hauser reported this proposal was brought to the Chanber of
Comnerce Board of Directors about three months ago and a committee
appointed to explore cleaning processes that might be suitable in
the downtown area. Mr. Harry Lehrfeld has gathered costs on
steam cleaning and talked with a firm that will demonstrate its
equipment. Mr. Hauser stated there has been some discussion in
connection with usinq part of the funds to Purchase the equipment;
when there is more information available, there will be a rePort
to the City Council.
that at its meeting on June 7, L973, the members unanimously endorsed
a proposal that Jules Francard, former Park Director retired on
June 30, !973, be appointed an honorary member in acknowledgiment of
his contributions to the beautification of Burlingame during his
42 years of city service.
with the Council's unanimous concurrence, Mayor Martin thereafter
named Mr. Francard an honorary member of the Burlingame Beautification
Commi ss ion .
Acknowledqnent vras made of a communica-
3, from Bernard J. Lycett, Councilman,
The Dj.rector of Public Works rras requested to Pursue the matter
with the Charnber of Commerce. Also, Llayor Martin recommended it
may be helpful to investigate systems used in the large shopping
lanters.
RECOGNITION OF JULES FR,ANCARD: A communication dated August 31,1973,
from- clarence E. nuschi iliairman r Beaut ification Commission, rePorted
CITY SELECTION COMMITTEE :
on at Au$rstCity of san carlos and chairman, City selection committee, san
Mateo county, requesting the City of Burlingame City Council to
make j.ts wiihes known on a proposed rules of procedure amendment
changing the terms of office of the Chairman and Vice Chairman of
the City selection Corunittee. A poll of council indicated the
majority favored one year terms.
ACKNOWLEDGMENTS
1. Robert Hart, 124 Los Robles Drl,ve, supporting mobile ice cream
vendors, communication dated September l, 1973. The City Manager
$ras requested to reply, informing Mr. Hart that this city has no
regulations that would bar the trucks from the Burlingame Hi1ls area.
2. Copy of City Planner letter, SePtember 7, L973, to .Igltn J. for-
ristal -oncerning parking of compact cars in proposed office tower
building, OId Bayshore. Mayor MartLn commented that this total
project is subject to Council review and any unauthori zed; nodificationin the plans could have the effect of cancelling the special use
permit.
3. Mrs. wilma Laughren (no address) Ietter of Sep tsmber 4, L973,critical of Beardsley's Restaurant sign, referred to city Planner.
4. Police and Fire Department monthly activity reports, August,1973.
Beautification Commission minutes, August 2 and SePtember 6,1973.
Planning Commission minutes, August 27, L973.
APPROVALS
WARRANTS Nos. 4046 through 4254, $299,992.24, duly audited, r,tere
approved for payment on motion of Councilman cuEick, second by
Councilman Mangini and unanimously carried.
PAYROLL August, 1973, checks numbered l'5747 through 16438,
$260,95I.09, ltere approved on motion of Councilman Cusick, second
by Councilman ftnstrup and unanimously carried.
ADJOURNMENT
There being no further business, the meeting was regularly adjourned
at 11:10 p.m.
Respectfully submitted,
APPROVED 3
R.D.N,R
I
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